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NextGen Financial Services Report Blog

Articles: 1-10 of 64

The California Supreme Court Rules that Lenders Have No General Tort Duty to Process, Review, and Respond to a Borrower’s Application for a Loan Modification

USA - March 8 2022 Yesterday, in Sheen v. Wells Fargo (S258019), the California Supreme Court resolved an important issue for the mortgage servicing industry. The court…

FDIC Announces 2022 Priorities in the Wake of Chairman Jelena McWilliams Resignation; Financial Services Entities Should Take Note of FDIC Focus on Bank Mergers and Crypto

USA - February 15 2022 On February 7, 2022, Acting Chairman Martin J. Gruenberg released a statement outlining the FDIC’s 2022 priorities. He also recognized the…

Convenience Fees Face Increased Scrutiny After Fourth Circuit Holds That Online Payments May Violate Consumer Protection Statutes

USA - February 10 2022 The Fourth Circuit recently found that the imposition of convenience fees can run afoul of consumer protection statutes—including the Fair Debt…

Lenders, Don’t Let This Happen to You: A Cautionary Tale in Bailey Tool

USA - February 3 2022 A recent decision by Bankruptcy Judge Stacey Jurnigan in the U.S. Bankruptcy Court for the Northern District of Texas is being touted as the new…

No Time to Waste: New Federal Rules Regulating Debt Collection Practices (Regulation F) Take Effect November 30, 2021

USA - November 3 2021 In May 2019, the Consumer Financial Protection Bureau (CFPB) proposed new rules to amend and expand Regulation F, to further regulate the debt…

Workouts Never Go Out of Style: What To Expect in the CMBS Market During the Second Half of 2021, and Beyond

USA - May 12 2021 2020 was a bad year… okay, it was a really, really bad year. CMBS borrowers, in particular, found themselves in default and often-times upside down…

Phonelines Are Buzzing: The Supreme Court Has Finally Provided Clarity Regarding the TCPA’s Definition of Automatic Telephone Dialing Systems

USA - April 2 2021 In a much anticipated decision, the U.S. Supreme Court yesterday provided clarity on the definition of an automatic telephone dialing system (“ATDS”)…

CFPB Enforcement Expected to Increase Under the Biden Administration

USA - February 24 2021 Enforcement and litigation directed at the consumer financial services industry is expected to increase under the Biden administration. While…

Bankruptcy’s New Normal - The Consolidated Appropriations Act Distances from the Bankruptcy Code to Provide Further Covid Relief

USA - January 25 2021 On December 27, 2020, the Consolidated Appropriation Act of 2021 (the “CAA“) was enacted to provide additional coronavirus stimulus relief for…

Consumer Financial Protection Bureau Requests Comment on Imminent Advisory Opinion Program

USA - July 23 2020 On June 22, 2020, the Consumer Financial Protection Bureau ("CFPB") launched its advisory opinion pilot program and its proposed final advisory…